,,ii #aadth ,,congress #ast ,session ,s4 #gjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aa1 #bjae ,mr4 ,king 7for himself1 ,mr4 ,blunt1 ,mrs4 ,shaheen1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish an independent advisory committee to review certain regulations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,improvement ,act of #bjae4 #b4 ,definitions ,in this ,act-- 7#a7 the term ,commission means the ,regulatory ,improvement ,commission established under section #c2 7#b7 the term commission bill means a bill consisting of the proposed legislative language of the ,commission recommended under section #d7;h77#b77;,c7 and introduced under section #d7;i77#a72 7#c7 the term covered regulation means a regulation that has been in effect for not less than #aj years before the date on which the ,commission is established2 7#d7 the term regulation means a rule1 as defined in section #eea of title #e1 ,united ,states ,code2 and 7#e7 the term regulatory agency means an agency1 as defined in section #cejb of title #dd1 ,united ,states ,code1 that has the authority to issue a regulation4 #c4 ,establishment of ,commission 7a7 ,establishment ,there is established in the legislative branch a commission to be known as the ,regulatory ,improvement ,commission4 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #i members1 of whom-- 7,a7 #a member shall be appointed by the ,president1 and shall serve as the ,chairperson of the ,commission2 7,b7 #b members shall be appointed by the majority leader of the ,senate2 7,c7 #b members shall be appointed by the minority leader of the ,senate2 7,d7 #b members shall be appointed by the ,speaker of the ,house of ,representatives2 and 7,e7 #b members shall be appointed by the minority leader of the ,house of ,representatives4 7#b7 ,date ,the appointment of the members of the ,commission shall be made not later than #fj days after the date of enactment of this ,act4 7#c7 ,qualifications ,members appointed to the ,commission shall be prominent citizens of the ,united ,states with national recognition and a significant depth of experience and responsibilities in matters relating to government service1 regulatory policy1 economics1 ,federal agency management1 public administration1 and law4 ,members may include past ,administrators of the ,office of ,information and ,regulatory ,affairs1 past chairs of the ,administrative ,conference of the ,united ,states1 and other individuals with expertise and experience in rulemaking affairs and the administration of regulatory reviews4 7#d7 ,limitation ,not more than #e members appointed to the ,commission may be from the same political party4 7c7 ,period of appointment2 vacancies ,members shall be appointed for the life of the ,commission4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7d7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold its first meeting4 7e7 ,meetings ,the ,commission shall meet at the call of the ,chair4 7f7 ,open to the public ,each meeting of the ,commission shall be open to the public1 unless a member objects4 7g7 ,quorum ,five members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7h7 ,nonapplicability of the ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 #d4 ,duties of the ,commission 7a7 ,purpose ,the purpose of the ,commission is to evaluate and provide recommendations for modification1 consolidation1 or repeal of covered regulations with the aim of reducing compliance costs1 encouraging growth and innovation1 and improving competitiveness1 all while-- 7#a7 protecting public health and safety2 and 7#b7 giving full consideration to-- 7,a7 the benefits and the costs of regulation to society2 and 7,b7 the appropriate role of regulation within and costs associated with regulation to society4 7b7 ,requirements ,in carrying out subsection 7a71 the ,commission shall-- 7#a7 give priority in its analysis of covered regulations to those that-- 7,a7 impose disproportionately high costs on a small entity 7as defined in section #fja of title #e1 ,united ,states ,code72 7,b7 create substantial recurring paperwork burdens or transaction costs2 or 7,c7 could be strengthened in their effectiveness while reducing regulatory costs2 7#b7 solicit and review comments from the public on the covered regulations described in this section2 and 7#c7 develop a set of covered regulations to modify1 consolidate1 or repeal to be submitted to ,congress for expedited consideration in accordance with subsection 7i74 7c7 ,public comments 7#a7 ,in general ,not later than #fj days after the date of the initial meeting of the ,commission1 the ,commission shall initiate a process to solicit and collect written recommendations from the general public1 interested parties1 ,federal agencies1 and other relevant entities regarding which covered regulations should be examined4 7#b7 ,submission of public comments ,the ,commission shall ensure that the process initiated under paragraph 7#a7 allows for recommendations to be submitted to the ,commission through the website of the ,commission or by mail4 7#c7 ,length of public comment period ,the period for the submission of recommendations under this subsection shall end #abj days after the date on which the process is initiated under paragraph 7#a74 7#d7 ,publication ,at the end of the period for the submission of recommendations under this subsection1 all submitted recommendations shall be published on the website of the ,commission and summarized in the ,federal ,register4 7d7 ,commission outreach 7#a7 ,in general ,during the public comment period described in subsection 7c71 the ,commission shall conduct public outreach and convene focus groups to better inform the ,commissioners of the public's interest and possible contributions to the work of the ,commission4 7#b7 ,focus groups ,the focus groups required under paragraph 7#a7 shall include individuals affiliated with the ,office of ,information and ,regulatory ,affairs1 the ,administrative ,conference of the ,united ,states1 the offices within ,federal agencies responsible for small business affairs and regulatory compliance1 non-governmental organizations1 trade associations1 and1 at the discretion of the ,commission1 other relevant stakeholders from within or outside the regulated entities4 7e7 ,commission review of public comments ,not later than #de days after the date on which the period for the submission of recommendations ends under subsection 7c71 the ,commission shall convene to review submitted recommendations and to identify covered regulations to modify1 consolidate1 or eliminate4 7f7 ,examination of regulations 7#a7 ,process for examination ,in examining covered regulations under this section1 the ,commission shall determine the effectiveness of individual covered regulations1 by using multiple resources1 including quantitative metrics1 testimony from industry and agency experts1 and research from the staff of the ,commission4 7#b7 ,deadline ,not later than #a year after the date on which the ,commission convenes under subsection 7e71 the ,commission shall complete a substantial examination of covered regulations4 7g7 ,initial report 7#a7 ,in general ,not later than #a year after the date on which the ,commission convenes under subsection 7e71 the ,commission shall publish1 and make available to the public for comment1 a report1 which shall include-- 7,a7 the findings and conclusions of the ,commission for the improvement of covered regulations examined by the ,commission2 and 7,b7 a list of recommendations for changes to the covered regulations examined by the ,commission1 which may include recommendations for modification1 consolidation1 or repeal of such covered regulations4 7#b7 ,requirement ,the report required under paragraph 7#a7 shall be approved by not fewer than #e members of the ,commission4 7#c7 ,availability of report ,the ,commission shall make the report required under paragraph 7#a7 available through the website of the ,commission and in printed form4 7#d7 ,public comment period ,during the #ij-;day period beginning on the date on which the report required under paragraph 7#a7 is published1 the ,commission shall-- 7,a7 solicit comments from the public on such report1 using the same process established under subsection 7c72 and 7,b7 publish any comments received under subparagraph 7,a7 on the website of the ,commission and summarize them in the ,federal ,register4 7#e7 ,consultation 7,a7 ,in general ,not later than #ij days after the date on which the report required under paragraph 7#a7 is published1 the ,commission shall complete a consultation with the chairman and ranking member of the committees of jurisdiction in the ,house of ,representatives and ,senate regarding the contents of the report4 7,b7 ,requirements ,the consultation required under subparagraph 7,a7 shall provide-- 7i7 the opportunity for the chairman and ranking member of the committees of jurisdiction to provide substantive feedback or recommendations related to the regulatory changes contained in the report required under paragraph 7#a72 and 7ii7 the opportunity for the chairman and ranking member of the committees of jurisdiction to provide recommendations for alternative means of achieving the same or greater reductions in regulatory costs while maintaining the same level of benefits to society4 7h7 ,report to ,congress 7#a7 ,in general ,not later than #ij days after the date on which the #ij-;day period described in subsection 7g77#d7 ends1 the ,commission shall-- 7,a7 review any comments received under subsection 7g77#d72 7,b7 incorporate any relevant comments received under subsection 7g77#d7 into the report required under subsection 7g77#a72 and 7,c7 submit the revised report to ,congress4 7#b7 ,contents ,the revised report required to be submitted to ,congress under paragraph 7#a7 shall include-- 7,a7 the findings and conclusions of the ,commission for the improvement of covered regulations examined by the ,commission2 7,b7 a list of recommendations for changes to the covered regulations examined by the ,commission1 which may include recommendations for modification1 consolidation1 or repeal of such covered regulations2 and 7,c7 recommended legislative language to implement the recommendations in subparagraph 7,b74 7i7 ,congressional consideration of ,commission report 7#a7 ,introduction ,if approved by #e members of the ,commission1 as required under subsection 7g77#b71 the commission bill shall be introduced in the ,senate 7by request7 on the next day on which the ,senate is in session by the majority leader of the ,senate or by a ,member of the ,senate designated by the majority leader of the ,senate and shall be introduced in the ,house of ,representatives 7by request7 on the next legislative day by the majority leader of the ,house or by a ,member of the ,house designated by the majority leader of the ,house4 7#b7 ,consideration in the ,house of ,representatives 7,a7 ,referral and reporting ,any committee of the ,house of ,representatives to which the commission bill is referred shall report it to the ,house without amendment not later than #cj days after the date on which the commission bill is introduced under paragraph 7#a74 ,if a committee fails to report the commission bill within that period1 it shall be in order to move that the ,house discharge the committee from further consideration of the commission bill4 ,such a motion shall not be in order after the last committee authorized to consider the commission bill reports it to the ,house or after the ,house has disposed of a motion to discharge the commission bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion except #c hours of debate equally divided and controlled by the proponent and an opponent4 ,if such a motion is adopted1 the ,house shall proceed immediately to consider the commission bill in accordance with subparagraphs 7,b7 and 7,c74 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,b7 ,proceeding to consideration ,after the last committee authorized to consider the commission bill reports it to the ,house or has been discharged 7other than by motion7 from its consideration1 it shall be in order to move to proceed to consider the commission bill in the ,house4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed with respect to the commission bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,c7 ,consideration ,the commission bill shall be considered as read4 ,all points of order against the commission bill and against its consideration are waived4 ,the previous question shall be considered as ordered on the commission bill to its passage without intervening motion except #aj hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the commission bill4 ,a motion to reconsider the vote on passage of the commission bill shall not be in order4 7,d7 ,vote on passage ,the vote on passage of the commission bill shall occur not later than #fj days after the date on which the commission bill is discharged from the last committee authorized to consider the commission bill4 7#c7 ,consideration in the ,senate 7,a7 ,committee consideration ,a commission bill introduced in the ,senate under paragraph 7#a7 shall be jointly referred to the committee or committees of jurisdiction1 which committees shall report the bill without any revision and with a favorable recommendation1 an unfavorable recommendation1 or without recommendation1 not later than #cj days after the date on which the commission bill is introduced4 ,if any committee fails to report the bill within that period1 that committee shall be automatically discharged from consideration of the bill1 and the bill shall be placed on the appropriate calendar4 7,b7 ,motion to proceed ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #b days of session after the date on which a commission bill is reported or discharged from all committees to which it was referred1 for the majority leader of the ,senate or the majority leader's designee to move to proceed to the consideration of the commission bill4 ,it shall also be in order for any ,member of the ,senate to move to proceed to the consideration of the commission bill at any time after the conclusion of such #b-;day period4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,all points of order against the motion to proceed to the commission bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the commission bill is agreed to1 the commission bill shall remain the unfinished business until disposed of4 7#d7 ,consideration ,an amendment to the commission bill or a motion to postpone1 a motion to proceed to the consideration of other business1 or a motion to recommit the commission bill1 shall not be in order in the ,senate or the ,house of ,representatives4 7#e7 ,consideration by the other ,house 7,a7 ,in general ,if1 before passing the commission bill1 one ,house receives from the other a commission bill-- 7i7 the commission bill of the other ,house shall not be referred to a committee2 and 7ii7 the procedure in the receiving ,house shall be the same as if no commission bill had been received from the other ,house until the vote on passage1 when the commission bill received from the other ,house shall supplant the commission bill of the receiving ,house4 7,b7 ,revenue measure ,this subsection shall not apply to the ,house of ,representatives if the commission bill received from the ,senate is a revenue measure4 7#f7 ,rules to coordinate action with other house 7,a7 ,treatment of commission bill of other house ,if the ,senate fails to introduce or consider a commission bill under this section1 the commission bill of the ,house of ,representatives shall be entitled to expedited floor procedures under this section4 7,b7 ,treatment of companion measures in the ,senate ,if following passage of the commission bill in the ,senate1 the ,senate then receives the commission bill from the ,house of ,representatives1 the ,house-passed commission bill shall be entitled to the consideration procedures described in paragraph 7#c74 7,c7 ,vetoes ,if the ,president vetoes the commission bill1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the majority and minority leaders or their designees4 7j7 ,notice to regulatory agencies 7#a7 ,enactment of commission bill ,if the commission bill is enacted into law1 the ,president shall-- 7,a7 not later than #g days after the date on which the commission bill is enacted into law-- 7i7 provide notice to the affected regulatory agencies2 and 7ii7 publish notice of enactment in the ,federal ,register and online2 7,b7 require affected regulatory agencies to implement the commission bill not later than #ahj days after the date on which the commission bill is enacted into law4 7#b7 ,failure to enact commission bill ,if the commission bill is not enacted into law1 the ,president shall provide notice of such failure to enact the commission bill in the ,federal ,register4 7k7 ,adjournment of ,congress ,if the commission bill is introduced less than #fj session days or #fj legislative days before the date on which ,congress adjourns sine die-- 7#a7 the commission bill shall be introduced in both ,houses on the date on which the succeeding ,congress first convenes its next session2 and 7#b7 subsection 7i7 shall apply to the commission bill during the succeeding ,congress4 #e4 ,powers of the ,commission 7a7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out this ,act4 7b7 ,information from ,federal agencies 7#a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purpose of this ,act4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman of any subcommittee created by the ,commission1 or any member designated by a majority of the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7c7 ,postal services ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,federal ,government4 7d7 ,space for use of ,commission ,not later than #fj days after the date of enactment of this ,act1 the ,administrator of ,general ,services shall support on a reimbursable basis the operations of the ,commission1 including the identification of suitable space to house the ,commission4 ,if the ,administrator is not able to make such suitable space available within the #fj-;day period1 the ,commission shall lease space to the extent that funds are available4 #f4 ,commission personnel matters 7a7 ,compensation of members ,each member of the ,commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,commission4 7b7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,chair of the ,commission may1 without regard to the civil service laws and regulations1 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties4 ,the employment of an executive director shall be subject to confirmation by the ,commission4 7#b7 ,compensation ,the ,chair of the ,commission may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of such title4 7#c7 ,agency assistance ,following consultation with and upon the request of the ,chair of the ,commission1 the head of any agency may detail an employee of the agency to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7#d7 ,,gao and ,,oira assistance ,the ,comptroller ,general of the ,united ,states and the ,administrator of the ,office of ,information and ,regulatory ,affairs shall provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7d7 ,procurement of temporary and intermittent services ,the ,chair of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of such title4 7e7 ,contracting authority ,the ,commission may acquire administrative supplies and equipment for ,commission use to the extent funds are available4 7f7 ,administrative support ,upon the request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 #g4 ,termination of the commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits its report under section #d4 #h4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to the ,commission to carry out this ,act4 7b7 ,availability ,any sums appropriated under the authorization contained in this section shall remain available1 without fiscal year limitation1 until expended4